Divorce Decree LIES, custody and paternity at STAKE
My husband and his ex wife got divorced in march of 2001. They had a baby girl born in july of 2001. she informed him that they baby WASN'T his so he didn't think anything about it. one year later they are ammending the birth certificate to state he IS the father and changing her last name. He has been her father for 3 years now but last week the mother got mad and took her away stating that he ISN'T the father and he would never see the child again. If we go to court and they do DNA and it proves he is not the Biological father of her, then do we still get visitation since his name is on the birth certificate and also the divorce decree states that she wasn't pregnant at the time only less that 4 months later, the child was born. I knew her and she knew that she was pregnant, she just didn't disclose it because she was sure he wasn't the father. I just really want to know if we have a legal leg to stand on to get visitation of the child and possibly joint legal and joint physical custody.
1 Answer from Attorneys
Re: Divorce Decree LIES, custody and paternity at STAKE
In Kansas, a court would consider more than just DNA. A Judge would consider the fact that he has fulfilled the role of father for three years. Also, Judges prefer not to eliminate a person as the father when there is no one else to fill that role. Ruling that he is not the father, just based on DNA, if it leaves the child without a named father, is usually not in the child's best interest. I certainly would suggest he contest her actions.
Related Questions & Answers
Legal age for child to decide against visitation My niece who is 13, 14 in Dec, 04... Asked 9/15/04, 9:55 pm in United States Kansas Family Law, Divorce, Child Custody and Adoption
Moving out of State My ex-husband and I have been divorced for 6 years and have a 6... Asked 8/30/04, 1:39 pm in United States Kansas Family Law, Divorce, Child Custody and Adoption
Divorce help my husband served me with divorce papers i need to give an answer to... Asked 5/12/04, 6:59 pm in United States Kansas Family Law, Divorce, Child Custody and Adoption
Termination of maintenance My ex-wife has been married for almost 3 years now and I... Asked 4/28/04, 6:01 pm in United States Kansas Family Law, Divorce, Child Custody and Adoption
Unborn Child Currently I live in Texas and am pregnant by my boyfriend. He wants me... Asked 4/16/04, 1:14 pm in United States Kansas Family Law, Divorce, Child Custody and Adoption